On February 2, 2021, a new Government Regulation went into effect as part of the Indonesian government’s aim to provide legal efficiency and harmonization of the law through the enactment of Law No. 11 of 2020 on Job Creation. Government regulation 48 of 2021 is the third amendment to GR No. 31 of 2013, which is the implementing regulation of law No. 6 of 2011 on Immigration GR 48/2021.
Many laws and regulations related to foreigners in Indonesia remain in effect, however GR 48/2021 has made considerable changes, as noted below.
GR 48/2021 Changes Validity of Limited Stay Permit
One of the most notable changes brought about by GR 48/2021 is the validity period of a foreigner’s Limited Stay Permit (Izin Tinggal Terbatas or “ITAS”). In the past, an ITAS was granted for a total of two years and could be extended for another two years, allowing for a total stay of six years, in Indonesia after which the foreigner had to apply for yet another ITAS.
According to GR 48/2021, an ITAS is now valid for a maximum of five years and can be extended if the foreigner’s total stay in Indonesia is less than ten years. GR 48/2021 also states that an ITAS is valid no more than 90 days for employment reasons can be extended, providing the foreigner’s overall stay in Indonesia does not exceed 180 days.
GR 48/2021 Changes the Validity Period of Visit Stay Permits
The rule revises areas of prior regulations in order to make them clearer and more concise, which GR 48/2021 clearly does. A Visit Stay Permit granted based on entering Indonesia with a Single-Entry Visit Visa is only valid for 180 days and cannot be extended, according to GR 48/2021. The validity period was previously set at 60 days, with the option to extend it four times for a total of six months.
Furthermore, Visit Stay Permits issued based on entry under a Multiple-Entry Visit Visa are valid for a maximum of 180 days and can be extended for a total stay of no more than twelve months in Indonesia.
In addition, the extension of the validity period of Stay Permits issued based on entry under a Visit Visa on Arrival, which was formerly thirty days and extendable for another thirty days. According to GR 48/2021, the maximum validity term of this Stay Permit is thirty days and it cannot be extended.
GR 48/2021 Introduces a ‘Second Home’ Category
Foreigners can now get a Limited Stay Visa (Visa Tinggal Terbatas or “VITAS”) for non-work activities in order to have Indonesia as a “second home” under GR 48/2021. (rumah kedua). Foreigners must have resided in Indonesia for five to ten years and complete particular requirements to be eligible for this new visa category. The senior visitors who were formerly qualified for a non-work VITAS are now replaced by this type of “second home.” Non-work VITAS issued to senior visitors will stay valid as non-work VITAS for foreigners in the “second home” category, according to GR 48/2021.
GR 48/2021 Additional Requirements to Obtain a VITAS
GR 48/2021 adds two conditions before submitting a VITAS application: A good standing statement letter from the relevant authorities or the embassy/consulate of the foreigner’s country of origin; and a health examination letter confirming that the foreigner is clear of any communicable disease that might jeopardize public health.
GR 48/2021 Pre-investment and Requirements for Obtaining a Visit Visa
Pre-investment activities are included as a new eligible category for both Single and Multiple-Entry Visit Visas in GR 48/2021. These are actions associated with starting a business, such as —including economic, technical, legal, and scheduling considerations—to determine the chances of successfully completing the project. If a foreigner does not have a guarantor, the needed guarantee letter from a guarantor for a Visit Visa application can be replaced with proof of payment of an Immigration Guarantee, as discussed below.
GR 48/2021 Immigration Guarantee
GR 48/2021 also requires some foreigners in Indonesia to have a local person or company accountable for their presence and activity in Indonesia, or any change in their civil status, immigration status, and/or residence. However, a guarantor is not required for a foreigner who is lawfully married to an Indonesian, foreign investor, or if they are a national of the country whose guarantee requirements were waived reciprocally.
Additionally, foreign investors, second-home foreigners, and other foreigners involved in pre-investment activities can make an official contribution to a Directorate General of Immigration bank account, which will be recognized as an immigration guarantee payment instead of a guarantor. This contribution will also cover the cost of any other outstanding immigration expenses owed for example, the repatriation or expulsion, or if a foreigner overstays. However, If the immigration guarantee is not used to satisfy immigration requirements, the whole sum will be returned when the foreigner’s stay permit expires.
GR 48/2021 Converts Stay Permits
Lastly, the GR 48/2021 allows foreigners to apply directly to the Head of Immigration Office or appointed Immigration Official to convert a Visit Stay Permit to an ITAS, or an ITAS to a Permanent Stay Permit (ITAP) which you could only be done though a guarantor in the past.
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